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l.5"-25*o

SAN DIEGO IP LAW GROUP LLP

12526 High Bluff Drive, Suite 300
San Diego, CA 92130
T: (858) 792-3446 F: (858) 792-3501

DOCKET
NUMBER

www.sandieaoiplaw.com

trevorcoddington@sandiegoiplaw.com

Zo2 L

August 18, 2015

BY FEDEX DELIVERY

Office of the
Int'

The Honorable Lisa R. Barton

Secretary
Trade Commission

Secretary to the Commission

U.S. International Trade Commission

500 E Street, S.W., Room 112

Washington, D.C. 20436

RE:

In the Matter ofCertain Document Cameras andSoftwarefor Use Therewith, ITC

Investigation No.: 337-TA-

Dear Secretary Barton:

Enclosed for filing on behalf of Pathway Innovations and Technologies, Inc.

("Complainant") are the following documents in support of Complainant's request that the
Commission commence an investigation pursuant to the provisions of Section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337. Please note that Confidential Exhibit No. 23 to the

Complaint contains Confidential Business Information and pursuant to the Commission's Rules
of Practice and Procedure, a request for confidential treatment of the information in that exhibit
accompanies this filing. Accordingly, Complainant submits the following:
1.
One original and eleven (11) paper copies of Complainant's non-confidential
Verified Complaint (including an original and eleven (11) copies.ofthis cover letter, and
Complainant'spublic interest statement, of which eight (8) copies are for the Commission and
three (3) copies are for service on each of the three (3) Proposed Respondents).

2.
Four (4) copies of the accompanying non-confidential exhibit on separate CDs, of
whichone (1) copy is for the Commission and three (3) copies are for service on each of the
three (3) Proposed Respondents.
3.

Certified copies of the asserted patents, file histories and assignment records from

the United States Patent & Trademark Office in the manner received from the PTO are included

in the Appendices.

Page 1 of 2

{Hi SAN DIEGO IP LAW GROUP LLP

We are available at your convenience to answer any questions. Thank you for your
attention to this matter.

i f
\
;

Sincerely,

Trevor Coddington

of San Diego IP Law Group LLP

enc.

Page 2 of 2

SAN DIEGO IP LAW GROUP LLP

12526 High Bluff Drive, Suite 300
San Diego, CA 92130

T: (858) 792-3446

F: (858) 792-3501

www.sandieaoiDlaw.com

trevorcoddington@sandiegoiplaw.com

August 18,2015
BY FEDEX DELIVERY
The Honorable Lisa R. Barton

'-. Secretary to the Commission

U.S. International Trade Commission

500 E Street, S.W., Room 112

Washington, D.C. 20436

RE:

In the Matter ofCertain Document Cameras and Softwarefor Use Therewith, ITC
Investigation No.: 337-TA-

Dear Secretary Barton:

Pursuant to U.S. International Trade Commission Rules 210.5 and210.6, 19 C.F.R.-

210.5-210.6, Pathway Innovations and Technologies, Inc. ("Complainant") respectfully

requests that the Commission grant confidential treatment to the confidential business and
financial information contained in Confidential Exhibit 23 and its exhibits.

The information for which confidential treatment is requested isproprietary commercial

information not otherwise publically available. Specifically, the confidential information
concerns confidential business, sales and financial information of significant commercial value

to Complainant that has been submitted to support Complainant's domestic industry allegations
and comply with other Commission requirements.

The information described above qualifies as confidential business information pursuant

to Rule 201.6(a) because:

1. It is not available to the general public.

2. Unauthorized disclosure of such information could cause substantial harm to the
competitive position of Complainant; and

3. The disclosure of such information couldimpairthe Commission's ability to obtain

informationnecessary to perform its statutory function.

Page 1 of 2

(jQ SAN DIEGO IP LAW GROUP LLP

Icertify that substantially identical information is not reasonably available to the public.
Sincerely,

Trevor Coddington

of San Diego IP Law Group LLP

Page 2 of 2

UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, D.C.

Investigation No.
In the Matter of

CERTAIN DOCUMENT CAMERAS AND

SOFTWARE FOR USE THEREWITH
STATEMENT ON THE PUBLIC INTEREST

Pursuant to International Trade Commission ("Commission") Rule 210.8(b),

Complainant Pathway Innovations and Technologies, Inc. ("Pathway") respectfully submits this
separate Statement OnThePublic Interest with respect to the remedial orders it seeks against

Respondents Adesso, Inc., Recordex USA, Inc. and QOMO HiteVision ("Respondents"). The
relief sought byPathway would serve the strong public interest inprotecting significant
intellectual property rights of Pathway, an innovative corporation headquartered in San Diego,
California, and will have no adverse effect on public health andwelfare, competitive conditions
in the United States economy, the production of like or directly competitive articles in the United
States, or United States consumers. Pathway stands ready to supplythe needs of United States

customers with high-resolution document cameras withreal-time video and zooming capabilities

that practice each of the asserted Pathway patents. Moreover, there are several other companies
supplying competitive products in the United States. Accordingly, this is not a case where the

Commission should delegate public interest fact-finding to the ALJthereby requiring the
Commission, the parties, and the public to undergo the time and expense for a Recommended
Determination by the ALJ.

Pathway seeks a limited exclusion order under 19 U.S.C. 1337(d) specifically directed

to Respondents excluding from entry into the United States certain full-size andportable
document cameras and visual presentation equipment and software for use therewith ("Accused

Products") that infringe four Pathway patents: U.S. Patent Nos. 8,508,751, D647,906, D674,389,

and D715,300 (the "Asserted Patents"). Pathway also seeks acease and desist order under 19

U.S.C. 1337(f) prohibiting Respondents from marketing, distributing, selling, offering for sale,
warehousing inventory for distribution, or otherwise transferring or bringing infringing products
into the United States.

The Commission's granting of these orders would serve thepublic's strong interest in

protecting intellectual property rights. Respondents are unlawfully making and selling document

cameras and visual presentation equipment with real-time video and zooming capabilities

innovated and patented by Pathway. Pathway has invested hundreds ofthousands ofdollars and
years ofresearch, development, personnel and engineering effort beginning in or about 2008 to

design, develop, test, and manufacture its innovations. Pathway's flagship product that practices
the Asserted Patents is the HoverCam - a revolutionary product that combines the features of a

digital camera and ascanner into anew form factor that is already used in over 100,000 North
American classrooms. Pathway has also made substantial investments in labor and capital inthe

United States to design and develop products that practice the Asserted Patents in that all of
Pathway's research and development activities since its inception in 2008 have been conducted

by Pathway employees and contractors residing in the United States. Granting the orders sought
by Complainant is necessary to protect these substantial investments, innovation, and the
domestic industry they support. Respondents' infringement stifles innovation and should be
stopped.

Moreover, granting these orders would have no adverse effect onpublic health and

welfare, competitive conditions in the United States economy, the production oflike or directly

competitive articles in the United States, or United States consumers. Pathway, together with at

least several other competitors in the market for the Accused Products, supply large quantities of
like or directly competitive products in the United States and could readily replace the Accused
Products in a commercially reasonable amount oftime if the ITC excludes these products.
Pathway brings this action against the Respondents for the infringement oftechnology
proprietary to Pathway, which ensures that neither consumers of the Accused Products nor the

' market will be unduly affected by the relief sought.

The Requested Relief Serves The Public Interest

Pathway, an innovative document camera company, is a leader in developing and selling

innovative high-resolution cameras withunique real-time video andzooming capabilities,
employs dozens of employees and has invested hundreds of thousands of dollars and tens of

thousands of hours in research and development to design, develop and create new camera
technologies. At least Respondent RecordexUSA has been on actual notice of the Asserted

Patents for over a year but all Respondents are on constructive (if not actual) notice of the
Asserted Patents because Pathway's products are marked with the Asserted Patent numbers. If

Respondents unauthorized use of Pathway technologies allows them to avoid having to develop
new technologies on their own, others will be encouraged to infringe proprietary technologies
rather thando what Pathway has done and hire engineers, invest in innovation anddevelop new
technologies in the United States. The Commission has recognized a strong public interest in

enforcing intellectual property rights. See Certain Baseband Processor Chips and Chipsets, Inv.
No. 337-TA-543, Comm'n Op., 2007 ITC LEXIS 621 at *240 (Jun. 19, 2007).
(1) The Accused Products Infringe the Asserted Patents
The Accused Products are document cameras and/or software for use therewith that

infringe the Asserted Patents by (among otherthings) enabling real-time video zooming.

(2) No Public Health, Safety, OrWelfare Concerns AreImplicated ByThe

Requested Remedial Orders

The requested remedial orders would not have an adverse effect on the public health,

safety, or welfare in the United States. In fact, there is no indication that the Asserted Products
(which essentially cover high-resolution document camera designs and software for use

:therewith) implicate public health, safety or welfare at all. As such, excluding the Accused
Products would not, for example, leave medical needs unfilled, impede scientific research, or

interfere with important national interests. Moreover, there are other document camera solutions
available in the United States including those supplied by Pathway and other competitors, which

would not be subject to the limited exclusion order. In other words, Pathway and other

competitors could readily meet the needs ofany consumers ofthe Accused Products.
(3) Like or Directly Competitive Articles From Pathway and Other Vendors Are
Readily Available to Replace the Accused Products

Pathway's HoverCam and related products that practice the Asserted Patents compete
directly with the Accused Products and are readily available replacements for the Accused
Products if they are excluded. Moreover, the document camera market is a highly-competitive

market with intense competition. Several major companies such as LG, Samsung, Apple, Nokia
and HTC make devices including high-resolution cameras withzoom-in-video capability; byany

measure, Respondents are minor competitors with only a small percentage ofthis market.
(4) Pathway is Capable of Fulfilling the Demand for the Accused Products In A
Commercially Reasonable Time

Pathway is an innovator and leader inthe document camera market. Pathway made the
first 3-MegaPixel document camera priced under $200 for schools and created the world's first

super-speed camera with 8-MegaPixel resolution and a 30-frame per second refresh rate.

www.thehovercam.com/about. With existing resources, Pathway has the capital and

manufacturing resources to quickly scale production to meet any increased demand for directly
competitive products in a commerciallyreasonable time period if the Accused Products are
excluded from the United States.

(5) The Requested Remedial OrdersWould Only Minimally Affect Consumers

Although the requested remedial orders may have some limited effect on consumers, the

document camera industry is highly-competitive and has a demonstrated capacity to handle rapid
growth. Pathway supplies directly competitive products thatcanreadily replace the Accused

Products, minimizing any negative consumer effect. The Commission does not require that there

be no public impact ofremedial relief, only that such impact cannot outweigh the "strong public
interest" in enforcing intellectual property rights. See Certain Baseband Processor Chips, 2007
ITC LEXIS 621 at *240. While the requested remedial orders may reduce consumer choice, that
is not a basis for denying relief. See Certain Personal Data andMobile Communications

Devices andRelated Software, Inv. No. 337-TA-710, Comm'n Op., 2011 ITC LEXIS 2874 at

*111 (Dec. 29,2011). Here, the only public impact of the remedial reliefis beneficial; without

the relief requested by Pathway, significant domestic industry and. innovation will be harmed by
infringing, inferior products.

Dated: August 18, 2015

JAMES V. FAZIO, II|_

TREVOR Q. CODDINGTON, PH.D.
MARTY B. READY

SAN DIEGO IP LAW GROUP LLP

12526 High Bluff Drive, Suite 300

San Diego, California 92130
Telephone: (858) 792-3446
Facsimile: (858) 792-3501
Counsel for Complainant
PATHWAY INNOVATIONS AND TECHNOLOGIES,
INC.

UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, D.C.

Investigation No.
In the Matter of

CERTAIN DOCUMENT CAMERAS AND

SOFTWARE FOR USE THEREWITH

COMPLAINT OF PATHWAY INNOVATIONS AND TECHNOLOGIES, INC.

UNDER SECTION 337 OF THE TARIFF ACT OF 1930. AS AMENDED
COMPLAINANT

PROPOSED RESPONDENTS

Pathway Innovations & Technologies, Inc.

10211 Pacific Mesa Blvd., Ste. 412
San Diego, California 92121

Recordex USA, Inc.

(858)224-1489

10-50 46th Avenue

Long Island City, New York 11101
(718)392-5380
Registered Service Address: Same

COUNSEL FOR COMPLAINANT

James V. Fazio

Trevor Q. Coddington, Ph.D.

Marty B. Ready
SAN DIEGO IP LAW GROUP LLP

12526 High Bluff Drive, Suite 300

San Diego, California 92130
Telephone: (858) 792-3446
Facsimile: (858) 792-3501

QOMO HiteVision, LLC

46950 Magellan Drive
Wixom, Michigan 48393
(248) 960-0985
Registered Service Address:
Wilton A. Horn

30833 Northwestern Highway, Suite 203

FarmingtonHills, Michigan 48334

Adesso, Inc.

160 Commerce Way

Walnut, California 91789
(909) 839-2929
Registered Service Address:
Allen Ku

160 Commerce Way

Walnut, California 91789

TABLE OF SUPPORTING MATERIALS

EXHIBITS

Exhibit No.

Description

Certified copy of U.S. PatentNo. 8,508,751

Certified copy of U.S. Patent No. D647,906

Certified copy of U.S. Patent No. D674,389 ,

Certified copy of U.S. Patent No. D715,300

Certified copy of assignment records for U.S. Patent No. 8,508,751

Certified copy of assignment records for U.S. Patent No. D647,906

Certified copy ofassignment records for U.S. Patent No. D674,3 89

Certified copy of assignment records for U.S. Patent No. D715,300

U.S. Patent No. D647,906 Infringement Claim Chart Against Recordex

10

U.S. Patent No. D674,389 Infringement Claim Chart Against Recordex

11

U.S. Patent No. 8,508,751 Infringement Claim Chart Against Recordex

12

U.S. Patent No. D715,300 Infringement Claim Chart Against Recordex

13

TJ.S. Patent No. 8,508,751 Infringement Claim Chart Against QOMO

14

U.S. Patent No. D647,906 Infringement Claim Chart Against Adesso

15

U.S. Patent No. D674,389 Infringement Claim Chart Against Adesso

16

Import records for Recordex

17

Purchase/Shipment confirmation and package/product labeling for

Recordex

18

Alibaba.com records for QOMO

19

Import records for QOMO

20

Purchase/Shipment confirmation and package/product labeling for QOMO

21

Import records for Adesso

22

Purchase/Shipment confirmation and package/product labeling for Adesso

23

Confidential Declaration of Ji Shen (filedunder seal)

24

Pathway's Practice of U.S. Patent No. D647,906

25

Pathway's Practice of U.S. Patent No. D674,389

26

Pathway's Practice of U.S. Patent No. 8,508,751

27

Pathway's Practice of U.S. Patent No. D715,300

APPENDICES

Appendix Item

Description

Certified copy of file wrapper for U.S. PatentNo. D647,906

Certified copy of file wrapper for U.S. Patent No. D674,3 89

Certified copy of file wrapper for U.S. Patent No. 8,508,751

Certified copy of file wrapper for U.S. Patent No. D715,300

Teclmical references cited in file wrapper for U.S. PatentNo. D647,906

Technical references cited in file wrapper for U.S. Patent No. D674,389

Technical references cited in file wrapper for U.S. Patent No. 8,508,751

Technical references cited in file wrapper for U.S. Patent No. D715,300

1Due to their volume, the technical references cited inthe Asserted Patents are on the enclosed
DVDs.

IV

TABLE OF CONTENTS

I.

INTRODUCTION

II.

COMPLAINANT

III.

THE PROPOSED RESPONDENTS

IV.

THE TECHNOLOGY AND PRODUCTS AT ISSUE

V.

THE PATENTS IN SUIT AND NONTECHNICAL DESCRIPTIONS OF THE

>.

VI.

VII.

VIII.

LX.

5
6

INVENTIONS

A.

Nontechnical Description of the 'D906 Patent

B.

Nontechnical Description of the 'D389 Patent

C.

Nontechnical Description of the '751 Patent

D.

Nontechnical Description of the 'D300 Patent

E.

Foreign Counterparts

F.

United States Counterparts

G.

No Licenses

UNLAWFUL ACTS OF RESPONDENT RECORDEX USA, INC

10

A.

Infringement of the 'D906 Patent

10

B.

. Infringement of the 'D389 Patent

10

C.

Infringement of the '751 Patent

10

D.

Infringement of the 'D300 Patent

11

UNLAWFUL ACTS OF RESPONDENT QOMO HITEVISION, LLC

12

A.

12

Infringement of the '751 Patent

".

UNLAWFUL ACTS OF RESPONDENT ADESSO, INC

A.

Infringement of the'D906 Patent

B.

Infringement of the 'D389 Patent

13

....13

!'

13

SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE

14

A.

Unfair Importation and Sale By Recordex USA, Inc

14

B.

Unfair Importation and Sale By QOMO HiteVision

15

C.

Unfair Importation and Sale By Adesso, Inc

16

X.

HARMONIZED TARIFF SCHEDULE ITEM NUMBERS

16

XL

THE DOMESTIC INDUSTRY

17

A.

Pathway's Practice of Pathway's Asserted Patents

17

B.

United States Investments in the Domestic Industry

18

1.

19

Domestic Industry Under 19 U.S.C. 1337(a)(3)(A)

2.

Domestic Industry Under 19 U.S.C. 1337(a)(3)(B)

19

3.

Domestic Industry Under 19 U.S.C. 1337(a)(3)(C)

20

XII.

RELATED LITIGATION

XIII.

RELIEF REQUESTED

21

21

vi

I.

INTRODUCTION

1.

This Complaint is filed by Pathway Innovations and Technologies, Inc.

. ("Pathway" or "Complainant") under Section 337 of the TariffAct of 1930, as amended, 19

U.S.C. 1337, based on the unlawful importation into the United States, the sale for importation
into the United States, the sale within the United States afterimportation, and/or the use within
"the United States after importation by the proposed Respondents of certain document cameras

and software for use therewith, which infringe one or more claims of U.S. PatentNos. D647,906

("the 'D906 patent"); D674,389 ("the 'D389 patent"); 8,508,751 ("the '751 patent"); and
D715,300 ("the 'D300 patent")(collectively, the "Asserted Patents").

2.

Formed in 2009, Pathway is a privately-held company that designs, develops and

sells innovative products that enhance learning, improve communication, and help people save
time. The company is the designer and manufacturer of HoverCam branded software and

document camerasa revolutionary product that combines the features of a digital camera and a
scanner into a new form factor. Pathway has a strong track record for developing innovative
products, especially for the education market. A HoverCam document camera hovers over a

teacher's desk unobtrusively and is used by teachers to capture, manipulateand present seamless
video of documents and objects to students in real-time.
3.

Traditional scanners are too slow for the classroom and conventional cameras
>

lack sufficient resolution, zoom video, annotation capability, and other functions needed for an

effective learning environment. However, a HoverCam documentcameracaptures, digitizes

and displays documents immediately at an incredibly high resolution of 8 megapixels, which is
about 4 times the resolution of a typical HD television. Moreover, HoverCam users can
manipulate, annotate, zoom and resize documents and video without any loss in resolution, and
can record and playback seamless video at a remarkable 30 frames per second. HoverCam

document cameras have won numerous awards and are presently used in over 150,000
classrooms around the world.

4.

The proposed Respondent Recordex USA, Inc. ("Recordex") develops,

manufactures, imports, sells for importation into the United States, sells after importation into the
United States, and uses after importation into the United States document cameras and visual

'presentation equipment and software for use therewith, including without limitation Recordex's
document cameras SimplicityCam 2i, SimplicityCam 5e, SimplicityCam 5i+, SimplicityCam 5z,

SimplicityCam 5z AF, SimplicityCam 8z AF, and XSight software, which is designed

specifically for Recordex's document cameras (collectively, "Recordex Accused Products"). As

set forth below, the Recordex Accused Products are sourced and manufactured abroad in
locations such as China and are imported for sale into the United States.

5.

The proposed Respondent QOMO HiteVision, LLC ("QOMO") develops,

manufactures, imports, sells for importation into the United States, sells after importation into the
United States, and uses after importation into the United States document cameras and visual

presentation equipment, and software for use therewith, including without limitation QOMO's
portable document cameras QView QPC20, QPC20 Fl Flip Cam, CornerCam QPC30M, QPC35
Caterpillar Cam, QView QPC60A, HDMI QPC70, QPC80 Full FTD Document Camera, and
Visualizer software, which isdesigned specifically for QOMO's document cameras (collectively,

"QOxMO Accused Products"). As set forth below, the QOMO Accused Products are sourced and
manufactured abroad in locations suchas China and are imported for sale intothe United States.

6.

The proposed Respondent Adesso, Inc. ("Adesso") develops, manufactures,

imports, sells for importation into the United States, sells after importation into the United States,
and uses after importation into the United States document cameras and visual presentation

equipment, including without limitation Adesso's NuScan 510 Visual Presenter (the "Adesso
Accused Product")(the Recordex Accused Products, QOMO Accused Products, and the Adesso

Accused Product shall be referred to collectively herein as the "Accused Products"). As set forth
below, the Adesso Accused Product is sourced and manufactured abroad in locations such as

China and is imported for sale into the United States.

7.

The Accused Products incorporate, without any license from Pathway, many

technologies developed and patented by Pathway. The Asserted Patents and their asserted claims
(independent claims in bold) are listed below:
Patent Number

8.

Asserted Claims

(independent claims in bold)

'D906 patent

'D389 patent

'751 patent

1,2,3,4-7,8, 9-17,18, and 20

'D300 patent

Certified copies of Pathway's Asserted Patents are included at Exs. 1-4. Pathway

owns all rights, title and interest in each of the Asserted Patents, including the right to sue for

infringement. Certified copies of the assignment records for each of the Asserted Patents are
included at Exs. 5-8.
9.

As detailed in the Confidential Declaration of Ji Shen and exhibits A-F thereto

submitted concurrently herewith (all as to which confidential treatment is respectfully requested),

a domestic industry as required by 19 U.S.C. 1337(a)(3)(A), (B), & (C) exists in the United

States relating to articles protected by Pathway's Asserted Patents, including quantitatively

significant and demonstrable investments in plant and equipment; employment of labor and

capital, and investment in the exploitation ofthe inventions claimed in the Asserted Patents,
including through engineering, research and development inthe United States.
10.

Pathway seeks as relief a permanent limited exclusion order under 19 U.S.C.

1337(d) barring from entry into the United States that directly and/or indirectly infringe the
Asserted Patents, specifically certain document cameras and software manufactured, sold and/or
imported by Respondents. Pathway further seeks as relief a permanent cease and desist order

under 19 U.S.C. 1337(f) prohibiting Respondents from marketing, distributing, selling, offering
for sale, warehousing inventory for distribution, or otherwise transferring or bringing into the

United States infringing document cameras and visual presentation equipment and/or their
components and software.
II.

COMPLAINANT

11.

Pathway is a corporation organized and existing under the laws of the State of

California, having its principal place of business located at 10211 Pacific Mesa Blvd., Ste. 412,

San Diego, California 92121. Pathway isthe assignee ofthe Asserted Patents, with the sole right
to sue for all infringement thereof.

12.

Pathway employs over a dozen engineers and other personnel at its headquarters

in San Diego, California. Moreover, since its formation in 2009, Pathway has expended millions
of dollars and tens of thousands of hours designing, researching, developing, engineering and

manufacturing its document camera products and software, which Pathway continues to refine
and improve to this day.

13.

All ofPathway's products practice one ormore claims ofthe inventions disclosed

in the Asserted Patents. As explained in more detail in the charts included as Exhibits 24-27, one
or more claims of the Asserted Patents is implemented in Pathway's HoverCam T3 document

camera, FloverCam Solo 5 document camera, HoverCam Solo 8 camera, and HoverCam Flex
software.

14.

Pathway has made and continues to invest millions of dollars in the design and

development of products protected by Pathway's Asserted Patents. In the United States,

Pathway exploits the technologies covered by the Asserted Patents throughvarious activities,

including substantial research and development, engineering, tooling, and product and warranty
support among others. In connection with the exploitation of these technologies, Pathway has
made significantinvestments in the United States in facilities, engineering, equipment, labor and
capital as further described below.
III.

THE PROPOSED RESPONDENTS

15.

On informationand belief, proposed Respondent Recordex is a corporation

organized and existing under the laws of the State of Georgia with its principal place of business

at 10-50 46th Avenue, Long Island City, New York 11101. According to New York Secretary of
State business records, Recordex has authorized the Department of State to mail service of

process to Recordex USA, Inc., 10-50 46th Avenue, Long Island City, New York 11101.
Recordex develops, manufactures, imports, sells for importation into the United States, sells after
importation into the United States, and/or uses after importation into the United States the

Recordex Accused Products that infringe one or more claims of the Asserted Patents. Recordex
has willfully copied Pathway's products and has no patents or pending patent applications of its
own.

16.

On information and belief, proposed Respondent QOMO is a limited liability

company organized and existing under the laws of the State of Michigan with its principal place

of business at 46950 Magellan Drive, Wixom, Michigan 48393. QOMO may be served via its
registered agent for service of process Wilton A. Horn, 30833 Northwestern Highway, Suite 203,

Farmington Hills, Michigan 48334. QOMO develops, manufactures, imports, sells for

importation into the United States, sells after importation into the United States, and/or uses after

importation into the United States the QOMO Accused Products that infringe one or more claims
ofthe '751 patent. QOMO has willfully copied Pathway's products and software, and has no
patents or pending patent applications of its own.
17.

On information and belief, proposed Respondent Adesso is a corporation

organized andexisting under the laws of the State of California with its principal place of
business located at 160 Commerce Way, Walnut, CA 91789. Adesso may be served via its

registered agent for service of process Allen Ku, Adesso, Inc., 160 Commerce Way, Walnut, CA

91789. Adesso develops, manufactures, imports, sells for importation into theUnited States,

sells after importation into the United States, and/or uses after importation into the United States
the Adesso Accused Product that infringes the 'D906 patent and 'D389 patent. Adesso has

willfully copied Pathway's products. Adesso owns and operates a research and development
facility in Shenzhen, China. Adesso also owns and operates a factory in Guangdong, China.
18.

On information and belief, Adesso manufactures abroad and imports into the

United States, white label products including, but not limited to QOMO's QView QPC20 and
Recordex' SimplicityCam 2i.
IV.

THE TECHNOLOGY AND PRODUCTS AT ISSUE

19.

The technology at issue relates to high-resolution document cameras and software

for use therewith.

20.

Specifically, the Accused Products include full-size and portable document

cameras and software for use therewith. The Accused Products are manufactured abroad and

imported into the United States to enable users (among otherthings) to display, manipulate,

zoom and resize high-resolution images and video without any loss in resolution and to provide

real-time zoom-in-video and other capabilities. The Accused Products are sold for importation
into, imported into, sold after importation into, and used within the United States by oronbehalf
of the Respondents.
V.

THE PATENTS IN SUIT AND NONTECHNICAL DESCRIPTIONS OF THE

INVENTIONS

21.

As set forth below, Pathwayowns by assignment the entireright, title, and interest

in and to each of Pathway's Asserted Patents. See Exs. 5-8.

22.

Pursuant to CommissionRule 210.12(e), certified copies of the prosecution

histories of each of the Asserted Patents have been submitted with this Complaint as Appendices
A-D. Pursuant to Commission Rule 210.12(c), the references cited in each of the Asserted

Patents have also been submitted with this Complaint as Appendices E-H. Due to their volume,
the technical references cited in the Asserted Patents are included on DVDs.

A.

Nontechnical Description of the 'D906 Patent

23.

United States Design Patent No. D647,906, entitled "Portable and Small Form

Factor Document Camera and Scanner with Extendible Folding Arms," issued on November 1,
2011, and lists Ji Shen as the sole inventor. The 'D906 patent expires on November 1, 2025.

The 'D906 patent issued from United States Patent Application No. 29/354,427 filed on January
25,2010.

24.

The 'D906 patent claims the ornamental design shown in figure nos. 1-3.

Pathway asserts that the design of one or more of Recordex's and Adesso's document cameras is
substantially the same as the design shown in the 'D906 patent.
B.

Nontechnical Description of the 'D389 Patent

25.

United States Design Patent No. D674,389, entitled "Document Imaging

Instrument," issued on January 15, 2013, and lists Ji Shen as the sole inventor. The 'D389 patent

expires on January 15, 2027. The 'D389 patent issued from United States Patent Application
No. 29/396 689 filed onJuly 5, 2011. The 'D389 patent is a continuation in part of United States

Patent Application No. 29/354,427 filed on January 25, 2010 (now U.S. Patent No. D647,906).
26.

The 'D389 patent claims the ornamental design shown infigure nos. 1-14.

Pathway asserts that the design ofone or more ofRecordex's and Adesso's document cameras is
substantially the same as the design shown in the 'D389 patent.

C.

Nontechnical Description of the '751 Patent2

27.

United States Patent No. 8,508,751, entitled "CapturingReal-Time Video With

Zooming Capability and Scanning High Resolution Still Images ofDocuments Using the Same
Apparatus," issued on August 13, 2013, and lists Ji Shen and Dongbing Zhang as co-inventors.
The '751 patent expires on January 28, 2030. The '751 patent issued from United States Patent

Application No. 13/506,208 filed on April 4, 2012, which is a continuation ofInternational

Patent Application No. PCT/US2011/022549 filed on January 26, 2011, which claims priority to
the U.S. Provisional Patent Application No.- 61/298,912 filed on January 28,2010.

28.

The '751 patent contains 20 claims, including 4 independent claims and 16

dependent claims. Pathway asserts that the Respondents Recordex's and QOMO's document
cameras and software for use therewith infringe one or more claims of the '751 patent, directly
and/or indirectly, either literally or under the doctrine of equivalents.

29.

The '751 patent relates generally to document cameras and software for use

therewith capable of capturing real-time video with zooming capability. The '751 patent can,

among other things, allow users to capture, display, manipulate, annotate, zoom and re-size
images and video in real-time at very high resolution and frame rates.
2These descriptions and any other descriptions inthis Complaint are for illustrative purposes only. Nothing
contained herein is intended to, either implicitly or explicitly, express any position regarding the proper construction
or scope of any claim.

D.

Nontechnical Description of the 'D300 Patent

30.

United States Design Patent No. D715,300, entitled "Imaging Device," issued on

October 14, 2014, and lists Ji Shen as the sole inventor. The 'D300 patent expires onOctober

14, 2028. The 'D300 patent issued from United States Patent Application No. 29/371,908 filed
on January 12, 2012.

31.

The 'D300patentclaims the ornamental design shown in figure nos. 1-4.

Pathway asserts that the design of one or more of Recordex's document cameras is substantially
the same as the design shown in the 'D389 patent.
E.

Foreign Counterparts

32.

There are four foreign patent counterparts to the '751 patent, namely, China

Patent Application No. 201180004161, Canada Patent Application No. 2,787,377, Europe Patent
Application No. 20110737562; and JapanApplication No. 2012551257. These four patent
applications are currently pending. There are no foreign counterpartsto the 'D906, 'D389, and
'D300 patents.
F.

United States Counterparts

33.

United States Patent Application No. 13/948,650, filed on July 23, 2013, is a

continuation of the'751 patent.

34.

United States Patent Application No. 14/382,181, filed on August 29, 2014, is a

national stage entry of PCT/US2013/067444, filed on October 30, 2013, which is a continuation

of the '751 patent. The '181 patent application also claims priority to United States Provisional
Patent Application No. 61/722,966, filed on November 6, 2012.
G.

No Licenses

35.

No license to any of the Asserted Patents has been granted.

VI.

UNLAWFUL ACTS OF RESPONDENT RECORDEX USA, INC.

A.

Infringement of the 'D906 Patent

36.

Recordex has engaged in unlawful and unfair acts including the sale for

importation into the United States, importation into the United States, sale within the United
States after importation, and/or use within the United States afterimportation of products that
-infringe the 'D906 patent.

37.

Recordex's SimplicityCam 5e embodies the design covered by the 'D906 patent.

See Ex. 9. Inthe eye of an ordinary observer, the design of Recordex's SimplicityCam 5e is
substantially the same as the design covered by the 'D906 patent. See id.
B.

Infringement of the 'D389 Patent

38.

Recordex has engaged in unlawful and unfair acts including the sale for

importation into the United States, importation into the United States, sale within the United
States after importation, and/or use within the United States after importation of products that
infringe the 'D389 patent.

39.

Recordex's SimplicityCam 5e embodies the design covered by the 'D389 patent.

See Ex. 10. In the eyeof an ordinary observer, the design of Recordex's SimplicityCam 5e is
substantially the same as the design covered by the 'D389 patent. See id.
C.

Infringement of the '751 Patent

40.

Recordex has engaged in unlawful and unfair acts including the sale for

importation into the United States, importation into the United States, salewithin the United
States after importation, and/or use within the United States after importation of the Recordex
Accused Products that directly and/or contributorily infringe claims 1-18 and 20 of the '751
patent.

10

41.

Respondent Recordex directly infringes at least independent claims 1, 3, and 8 of

the '751 patent. See Ex. 11. Recordex's XSight software implements every step ofclaims 1, 3,
and 8. See id. Any one of the accused Recordex document cameras operated in'connection with
Recordex's XSight software implements every step of claims 1, 3, and 8. See id. The Recordex

Accused Products, atthe time ofimportation, are programmed to perform all the steps ofmethod
'claims 1, 3, and 8.

42.

Recordex contributorily infringes at least independent claims 1, 3, 8, and 18 of the

'751 patent. See id. Recordex's XSight software implements every step of claims 1,3, and 8
when used with a customer's personal computer. See id. Any one of the accused Recordex

document cameras operated in connection with Recordex's XSight software implements every
step of claims 1,3, and 8 or embodies every element of claim 18 when used with a customer's

personal computer. See id. Recordex sells the Recordex Accused Products knowing thatthose

products are especially made or especially adapted for use in infringement of the '751 patent, and
not a staple article or commodity of commerce suitable for substantial non-infringing use. On

information and belief, there are no non-infringing uses. Recordex.has had actual knowledge of
the '751 patent at least as ofJuly 13, 2015, when Pathway filed a Complaint asserting the '751
patent against Recordex in the Southern District of California, as discussed below.

D.

Infringement of the 'D300 Patent

43.

Recordex has engaged in unlawful and unfair acts including the sale for

importation into the United States, importation into the United States, sale within the United

States after importation, and/or use within the United States afterimportation of products that
infringe the 'D300 patent.

11

44.

Recordex's SimplicityCam 5i+ embodies the designcovered by the 'D300 patent.

See Ex. 12. In the eye ofan ordinary observer, the design ofRecordex's SimplicityCam 5i+ is
substantially the same as the design covered bythe 'D300 patent. See id.
VII.

UNLAWFUL ACTS OF RESPONDENT QOMO HITEVISION, LLC

A.

Infringement of the '751 Patent

45.

QOMO has engaged in unlawful and unfair acts including the sale for importation

into the United States, importation into the United States, sale within the United States after

importation, and/or use within the United States after importation ofthe QOMO Accused
Products that directly and/or contributorily infringe at least claims 1-10, 12-18, and 20 ofthe
'751 patent.

46.

Respondent QOMO directly infringes at least independent claims 1, 3, and 8of

the '751 patent. See Ex. 13. QOMO's Visualizer software implements every step ofclaims 1, 3,
and 8. See id. Any one ofthe accused QOMO document cameras operated inconnection with
QOMO's Visualizer software implements every step of claims 1, 3, and 8. See id. The QOMO
Accused Products, atthe time ofimportation, are programmed to perform allthe steps ofmethod
claims 1, 3, and 8.

47.

QOMO contributorily infringes atleast independent claims 1, 3, 8, and 18 ofthe

'751 patent. See id. QOMO's Visualizer software implements every step ofclaims 1, 3, and 8
when used with a customer's personal computer. See id. Any one of the accused QOMO

document cameras operated in connection with QOMO's Visualizer software implements every

step ofclaims 1, 3, and 8 or embodies every element of claim 18 when used with a customer's
personal computer. See id. QOMO sells the QOMO Accused Products knowing that those

products are especially made orespecially adapted for use in infringement ofthe '751 patent, and
not a staple article orcommodity of commerce suitable for substantial non-infringing use. On
12

information and belief, there are no non-infringing uses. QOMO has had actual knowledge ofthe
'751 patent at least as ofJuly 13, 2015, when Pathway filed a Complaint asserting the '751
patent against QOMO in the Southern District of California, as discussed below.
VIII.

UNLAWFUL ACTS OF RESPONDENT ADESSO. INC.

A.

Infringement of the 'D906 Patent

48.

Adesso has engaged in unlawful and unfair acts including the sale for importation

into the United States, importation into the United States, sale withinthe United States after

importation, and/or use within the United States after importation of products that infringe the
'D906 patent.

49.

Adesso's NuScan 510 Visual Presenter embodies the design covered by the.

'D906 patent. See Ex. 14. In the eye of an ordinary observer, the design of Adesso's NuScan 510

Visual Presenter is substantially the same as the design covered by the 'D906 patent. See id.
50.

Recordex's SimplicityCam 5e embodies the design covered by the 'D906 patent.

See Ex. 9. In the eye of an ordinary observer, the design of Recordex's SimplicityCam 5e is
substantially the same as the design covered by the 'D906 patent. See id. On information and

belief, Adesso manufactures the SimplicityCam 5e in China.

B.

Infringement ofthe'D389 Patent

51.

Adesso has engaged in unlawful and unfair acts including the sale for importation

into the United States, importation into the United States, sale within the United States after

importation, and/or use within the United States after importation of products that infringe the
'D389 patent.

52.

Adesso's NuScan 510 Visual Presenter embodies the design covered by the

'D389 patent. See Ex. 15. In the eye of an ordinary observer, the design of Adesso's NuScan 510

Visual Presenter is substantially the same as the design covered by the 'D389 patent. See id.

13

53.

Recordex's SimplicityCam 5e embodies the design covered by the 'D389 patent.

See Ex. 10. In the eye ofan ordinary observer, the design ofRecordex's SimplicityCam 5e is

substantially the same as the design covered by the 'D389 patent. See id. On information and
belief, Adesso manufactures the SimplicityCam 5e in China.
IX.

SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE

A.

Unfair Importation and Sale By Recordex USA, Inc.

54.

Recordex, either itselfor through third parties acting on behalfof Recordex, is

engaged inthe importation, sale for importation, sale after importation into the United States,
and/or use after importation into the United States of infringing document cameras, visual

presentation equipment and software for use therewith. Recordex Accused Products are
manufactured in China and importedfor sale into the United States.

55.

Forexample, according to import records available at importgenius.com,

Recordex imported 508 cartons from Yantian, China of"visual presenter; parts for repair"
products on February 11, 2014. See Ex. 16 at 1. Recordex imported 491 cartons from Yantian,
China of "visual presenter; parts for repair" products on December. 28, 2013. See id. at 3.

Recordex imported 612 cartons from Yantian, China of"visual presenter parts for repair"

products on March 2, 2013. See id. at 5. Recordex imported 134 cartons from Yantian, China of
"visual presenter, webcam, 3d glasses, parts for repair" products on August 25, 2012. See id. at
7. The term "visual presenter" is used synonymously with "document camera" and to denote a
Recordex SimplicityCam. See, e.g., id. at 9. 3D glasses are included with a Recordex
SimplicityCam.

56.

Moreover, Complainant has purchased the SimplicityCam 5e and the Simplicity

5i+ from a retailer in the United States. See Ex. 17. Both of these accused products include a
"made in China" label. See id.

14

B.

Unfair Importation and Sale By QOMO HiteVision

57.

QOMO, either itself or through third parties acting on behalfofQOMO, is

engaged in the importation, sale for importation,-sale after importation into the United States,
and/or use after importation into the United States ofinfringing document cameras, visual
presentation equipment, andcomponents and software thereof. QOMO Accused Products are
"" manufactured abroad and imported for sale into the United States.

58.

For example, QOMO's QPC35 Catepillar Cam isavailable for purchase at

alibaba.com. See, e.g., Ex. 18. The QPC35 originates from Fujian, China. See id.

59.

Moreover, according to import records available at importgenius.com, QOMO

imported 31 cartons from Shanghai, China of"document camera" products on January 19, 2015.
SeeEx. 19 at 1. QOMO imported 70 cartons from Fuzhou, China of "document camera"

products on October 28, 2014. See id. at 3. QOMO imported 25 cartons from Fuzliou, China of

"document camera" products on October 23, 2014. See id. at5. QOMO imported 566 cartons
from Yantian, China of"document camera..." products on August 30, 2014. See id. at 7.

QOMO imported 3packages from Shanghai, China of"document ..camera specification

QPC60A" products onNovember 14,2013. See id. at 9. QOMO's QPC60A document camera is

an accused product. QOMO imported 23 cartons from Yantian, China of "portable document
camera- QPC20" products onMarch 2, 2013. See id. at 11. QOMO's QPC20 document camera
is an accused product.

60.

Furthermore, Complainant has purchased the QPC20 document camera from a

retailer in the United States. See Ex. 20. The packaging of the QPC20 includes a "made in
China" label. See id.

15

C.

Unfair Importation and Sale By Adesso, Inc.

61.

Adesso, either itself orthrough third parties acting on behalf ofAdesso, is

engaged in the importation, sale for importation, sale after importation into the United States,
and/or use after importation into the United States ofinfringing document cameras, visual

presentation equipment, and components and software thereof. The Adesso Accused Product is
;' manufactured abroad and imported for sale into the United States.

62.

For example, according to import records available at importgenius.com, Adesso

imported 283 cartons from Yantian, China of"...visual presenter..." products on February 4,
2014. See Ex. 21 at 1. Adesso imported 956 cartons from Yantian, China of "...visual

presenter..." products on January 17, 2014. See id. at 3. Adesso imported 940 cartons from
Fuzhou, China of"...visual presenter..." products on January 6, 2014. See id. at5. Adesso

imported 110 cartons from Yantian, China of"...visual presenter" products on December 23,
2013. See id. at 7. The term "visual presenter" is used synonymously with "document camera"
and to denote an Adesso NuScan 510. See, e.g., id. at 9.

63.

Furthermore, Complainant has purchased the NuScan 510 Visual Presenter from a

retailerin the United States. See Ex. 22. The packaging of the NuScan 510 Visual Presenter

includes an "Assembled in China" label. See id. TheNuScan 510 Visual Presenter product itself
includes a "Made in China" label. See id.

X.

HARMONIZED TARIFF SCHEDULE ITEM NUMBERS

64.

On information and belief, all Accused Products fall within at least the

9006.59.91 (cameras, not instant print, not for roll offilm, not fixed focus, valued over $10
each); 9008.50.50 (photographic, not cinematographic, enlargers/reducers) and/or 8521.90.00
(video recording and reproducing apparatus, not magnetic tape-type) classifications ofthe
Harmonized Tariff Schedule ("HTS") ofthe United States. These identified HTS numbers are
16

intended solely for illustrative purposes and are not exhaustive or exclusive ofthe products

accused ofinfringement in this Complaint. The HTS numbers are not intended to limit the scope
of the investigation.
XI.

THE DOMESTIC INDUSTRY

65.

As shown by the Confidential Declaration ofJi Shen and exhibits A-F thereto

' submitted concurrently herewith (all to which confidential treatment is respectfully requested),
there is adomestic industry, as defined under 19 U.S.C. 1337(a)(3)(A), (B), and/or (C),
comprising quantitatively significant and demonstrable investments in plant and equipment,
employment of labor and capital, and substantial investment in the exploitation ofPathway's
Asserted Patents in the United States, including through research and development, and
engineering in the United States.

A.

Pathway's Practice of Pathway's Asserted Patents

66.

Pathway makes extensive use of the inventions claimed in Pathway's Asserted

Patents in numerous products, including without limitation Pathway's HoverCam S0I08, S0I08
Wireless, Neo3, Mini5, Solo5, 3PO, T3 and Ultra8 document cameras, and has made and
continues to make significant domestic investments inthese products, as more fully set forth in

the accompanying Confidential Declaration ofJi Shen attached as Ex. 23. For example, Pathway
has sold in the United States millions of dollars worth of its HoverCam S0I08, S0I08 Wireless,
Neo3, Mini5, Solo5, 3PO, T3 and Ultra8 document cameras that practice one or more claims of

the '751, 'D906, 'D389, and 'D300 patents (the "Domestic Industry Products"). Pathway's
investments and expenditures in its domestic industries for Pathway's Asserted Patents are
significant, continuing and ongoing.

67.

Complainant's HoverCam T3 document camera embodies the design covered by

the 'D906 patent. See Ex. 24.

17

68

Complainant's HoverCam T3 document camera embodies the design covered by

the 'D389 patent. See Ex. 25.

69.

Complainant's HoverCam Flex software embodies method claims 1, 3, and 8. See

Ex. 26. Any one ofthe accused Complainant's document cameras operated in connection with
the HoverCam Flex software embodies method claims 1, 3, and 8. See id. Complainant's

"s HoverCam Flex software used in connection with one ofComplainant's document cameras and

personal computer embodies method claims 1, 3, and 8, and apparatus claim 18. See id.
70.

Complainant's HoverCam Solo 5and Solo 8document cameras embody the

design covered by the 'D300 patent. See Ex. 27.

B.

United States Investments in the Domestic Industry

71.

Pathway has invested millions of dollars and years of effort in the engineering,

research, development, exploitation, advertising and promotion of the Domestic Industry

Products in the United States. See Ex. 23 (Confidential Declaration ofJi Shen).

72.

As discussed further below, and as shown by the Confidential Declaration ofJi

Shen and exhibits A-F thereto, there is a domestic industry as defined under 19 U.S.C.

1337(a)(3)(A) because Pathway has made and continues to make significant and quantitatively
demonstrable investments in plant and equipment in the United States regarding the Domestic

Industry Products. There is also adomestic industry as defined under 19 U.S.C. 1337(a)(3)(B)
because Pathway has made and continues to make significant and quantitatively demonstrable
investments in the employment of United States labor and capital in connection with the

Domestic Industry Products. There is also adomestic industry as defined under 19 U.S.C.

1337(a)(3)(C) because Pathway has made and continues to make substantial and quantitatively
demonstrable investments in the exploitation ofPathway's Asserted Patents through engineering,

18

research and development, advertising and promotion directed to the Domestic Industry Products
in the United States.

1.

73.

Domestic Industry Under 19 U.S.C. 1337(a)(3)(A)

There is a domestic industry as defined under Subsection (A) because Pathway

has made and continues to make significant and quantitatively demonstrable investments in plant
"and equipment in the United States with respect to the Domestic Industry Products. Since 2010,

Pathway has invested asignificant amount ofmoney in connection with plant and equipment
comprising operating expenses, such as equipment leasing, product production and related costs

related to the Domestic Industry Products. See Ex. 23at |f 6-7 &Exs. A-F. All ofPathway's
U.S.-based plant and equipment are used simultaneously to design, sell and support all Domestic
Industry Products, so itis not possible to break-down Pathway's investments in plant and
equipment on a product-by-product basis. Ex. 23, f 6.
74.

Pathway's U.S.-based staff designs, develops, markets and sells the Domestic

Industry Products in the United States from its headquarters in San Diego, California. Pathway's
U.S.-based staff team assists with research, design, development, planning, logistics, sales,
marketing, order processing, customer and technical support, and other activities associated with
the Domestic IndustryProducts. See Ex. 23, |f 6, 7, 10.

2.

75.

Domestic Industry Under 19U.S.C. 1337(a)(3)(B)

There is a domestic industry as defined under Subsection (B) because Pathway

has made and continues to make significant and quantitatively demonstrable investments in the

employment of labor and capital in the United States with respect to the Domestic Industry

Products. Further, since at least 2010, Pathway has employed dozens ofresearch, development,
engineering, human resources, executive, sales, marketing and support personnel, and Pathway's
investments include millions of dollars in compensation paid to such personnel related to the
19

Domestic Industry Products. Because all ofPathway's staff work simultaneously and

interchangeably on all Domestic hidustry Products, it is not possible to break-down Pathway's

labor and capital investments on aproduct-by-product basis. Instead, all of Pathway's labor and
capital investments are properly attributable to all Domestic Industry Products. Ex. 23, f 11.
Pathway's investments also include millions ofdollars in capital expenses related to the purchase
'and lease of office space, tooling, equipment, computers and other supplies, and of engineers in
connection with the Domestic Industry Products. Ex. 23, fIf 8-12 &Exs. A-F.
3.

76.

Domestic Industry Under 19 U.S.C. 1337(a)(3)(C)

There is also a domestic industry as defined under Subsection (C) because

Pathway has made and continues to make substantial and quantitatively demonstrable U.S.
investments in the exploitation ofPathway's Asserted Patents through the Domestic Industry
Products, including without limitation investments in the engineering, research, development,

sales, marketing, product and technical support for the Domestic Industry Products. Ex. 23,
Tit 13-15 & Exs. A-F. .

77.

Since 2010, Pathway has spent millions ofdollars in research and development

costs, engineering and product production, advertising and promotion related to the Domestic
Industry Products. Ex. 23, ^ 13-15 &Exs. A-F. It is virtually impossible to break-down
research and development or engineering costs on apatent-by-patent basis because Pathway's

engineering team works interchangeably and simultaneously on all Domestic Industry Products.
Ex. 23,115. However, Pathway's CEO estimates that approximately 87% ofPathway's U.S.
research and development, engineering and promotion costs are attributable to the '751 patent.

Approximately 10% ofPathway's U.S. research and development, engineering and promotion
costs are attributable to the 'D300 patent. Approximately 2% ofPathway's U.S. research and

development, engineering and promotion costs are attributable to the 'D906 patent.
20

Approximately 1% of Pathway's U.S. research and development, engineering and promotion

costs are attributable to the 'D389 patent. Ex. 23, ^ 15.
XII.

RELATED LITIGATION

78.

On July 13,2015, Pathway filed a complaint for patent infringement against

Recordex in the United States District Court for the Southern District of California. See Civil

" Action No. 3:15-cv-01536-JLS-JLB. In that action, Pathway asserts infringement ofthe '751,
'D906, 'D389, and 'D300 patents. Pathway has not yet served the complaint on Recordex.

79.

On July 13, 2015, Pathway filed a complaint for patent infringement against

QOMO in the United States District Court for the Southern District of California. See Civil

Action No. 3:15-cv-01540-GPC-NLS. Inthat action, Pathway asserts infringement ofthe '751
patent. Pathway has not yet served the complaint on QOMO.

80.

On July 13, 2015, Pathway filed a complaint for patent infringement against

Adesso in the United States District Court for the Southern District of California. See Civil

Action No. 3:15-cv-01538-JAH-NLS. In that action, Pathway asserts infringement ofthe 'D906
and 'D389 patents. Pathway has not yet served the complaint on Adesso.
XIII.

RELIEF REQUESTED

81.

WHEREFORE, by reason ofthe foregoing, Pathway respectfully requests that the

United States International Trade Commission:

a) Institute an immediate investigation, pursuant to Section 337 of the Tariff Act of

1930, as amended, 19 U.S.C. 1337(a)(l)(B)(i) and (ii), with respect to violations

of Section27 based upon the importation, sale for importation, sale after

importation, and use after importation into the United States of the Respondents'
document cameras, visual presentation equipment and related components and

21

software for use therewith that infringe one or more asserted claims of

Complainant's '751, 'D906, 'D389, and 'D300 patents;

b) Schedule and conduct ahearing pursuant to 19 U.S.C. 1337 for the purposes of
(i) receiving evidence and hearing argument concerning whether there has been a
violation of19 U.S.C. 1337, and (ii) following the hearing, determining that
there has been a violation of 19 U.S.C. 1337;

c) Issue apermanent limited exclusion order, pursuant to 19 U.S.C. 1337(d)(l),

barring from entry into the United States all certain document cameras, visual
presentation equipment and related components and software thereof made by or
on behalf ofthe Respondents, that infringe one or more claims ofComplainant's
'751, 'D906, 'D389, and 'D300 patents;

d) Issue apermanent cease and desist order, pursuant to 19 U.S.C. 1337(f)

prohibiting Respondents, or others acting on their behalf, from importing,
marketing, advertising, demonstrating, warehousing inventory for distribution,

distributing, offering for sale, selling, licensing, using, or transferring outside the
United States for sale in the United States any document cameras, visual

presentation equipment and components and software thereofthat infringe one or

more claims ofComplainant's '751, 'D906, 'D389, and 'D300 patents;

e) Impose abond, pursuant to 19 U.S.C. 13370), upon importation of any

document cameras, visual presentation equipment and components and software

thereofthat infringe one or more claims of Complainant's '751, 'D906, 'D389,

and 'D300 patents during any Presidential Review; and

22

f) Grant such other and furtlier relief as the Commission deems just and proper
based on the facts determined by the investigation and the authority ofthe
Commission.

Dated: August 18, 2015

JAMES V. FAZIO, UK

TREVOR Q. CODDINGTON, PHD

MARTY B. READY

SAN DIEGO IP LAW GROUP LLP

12526 High Bluff Drive, Suite 300
San Diego, California 92130
Telephone: (858) 792-3446
Facsimile: (858) 792-3501
Counsel for Complainant

PATHWAY INNOVATIONS AND TECHNOLOGIES

INC.

'V

23

ffiSS=

VERIFICATION OF COMPLAINT

a with 19 CFR. 210.4(c) and 210.12(a), under penalty

I, Ji Shen, declare, in accordance with iy ur^ ^

ofperjury, that the following statements are true:

1.

-, .rhiefExecutive Officer of Pathway Innovations and

I am the President and Cruet axecuuvc

a1 authorized by Pathway Innovations and Technologies,

Technologies, Inc. and as such, am duly authorized oy r
Inc. to verify the foregoing Complaint.

2.

^C0mp.amtis,W* <**** * '~ ^" tohm" M,0

j, .rpflse in the cost of litigation,

cause unnecessary delay or needless
increase in me

3.

, , dedge information, and belief, formed after areasonable

To the best ofmy knowledge, mui

, , 1 tPntions set forth in the Complaint are warranted by

inquiry, the claims and other legal contentions
, r -A frivolous argument for the extension, modification, or
existing law or by agood faith, non-frivoious argu

reversal of existing law, or by the establishment ofnew law.

4.

* v 1edge information, and belief, formed after areasonable

To the best ofmy knowledge,

, , . tare weu grounded in fact and have evidentiary support,

inquiry, the allegations ofthe Complaint are well grou
-, ,-r a ~likely to have evidentiary support after areasonable
or, where specifically identified, are hkery

opportunity for further investigation and discovery.

, of*perjury
-nrv under
the laws
I declare under penalty
under xne
i ofthe United States that the foregoing is
true and correct. Executed on August.is
18, 901
201i5 at
at San
san Diego,
g California,

By:_

JI SHEN

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